City Council Meeting Agenda & Minutes

MinutesThursday, April 20, 2017

20. Approval or Correction of the Minutes of the April 6, 2017 Regular Meeting

30. Oral Requests and Communications from the Audience Comments will be limited to 4 minutes per individual, group or organization. PLEASE SIGN IN.

40. Consent Calendar 40.1 COUNCIL BILL 2017-35 A resolution reversing the Landmarks and Historic Preservation Commission denial of new signage for the building located at 14 North Central Avenue located within a C-C/CB/H zoning district.

40.2 COUNCIL BILL 2017-36 An ordinance awarding a contract in an amount of $607,080.90 to Knife River Materials to perform asphalt pavement overlays on various city streets.

40.3 COUNCIL BILL 2017-37 An ordinance granting to Mobilitie, LLC, Grantee, the non-exclusive privilege (Franchise) to use the public way to locate, construct, operate and maintain facilities within the City of Medford.

40.4 COUNCIL BILL 2017-38 An ordinance amending section 2.715 and replacing section 2.725 of the Medford Municipal Code regarding the selection and term of municipal court jurors to be effective May 1, 2017.

40.5 COUNCIL BILL 2017-39 An ordinance approving a legislative amendment to the Public Facilities Element and the Conclusions, Goals, Policies, and Implementation Strategies of the Medford Comprehensive Plan to incorporate the 2016 Leisure Services Plan.

50. Items Removed from Consent Calendar

60. Ordinances and Resolutions60.1 COUNCIL BILL 2017-40 An ordinance replacing section 5.256 of the Medford Municipal Code to allow exclusion notices to be issued to individuals within a designated downtown district.

90. Propositions and Remarks from the Mayor and Councilmembers90.1 Proclamations issued: Administrative Professionals Day – April 26, 2017 Tai Chi and QiGong Day – April 29, 2017

90.2 Further Council committee reports

90.3 Further remarks from Mayor and Councilmembers

100. Adjournment to the Evening Session

EVENING SESSION7:00 P.M.

Roll Call

110. Oral Requests and Communications from the Audience Comments will be limited to 4 minutes per individual, group or organization. PLEASE SIGN IN.

120. Public HearingsComments are limited to a total of 30 minutes for applicants and/or their representatives. You may request a 5-minute rebuttal time. Appellants and/or their representatives are limited to a total of 30 minutes and if the applicant is not the appellant they will also be allowed a total of 30 minutes. All others will be limited to 4 minutes. PLEASE SIGN IN.

30.2 William Mansfield, Box 1721, Medford, expressed disagreement with Council Bill 2017-40 regarding the exclusion of people from specific areas in the downtown area.

30.3 Sage Taylor, Wamba Juice, stated that the increase of homeless people are affecting her business by blocking the entrance/walkway, damaging property, leaving garbage, and rummaging through the dumpster.

30.4 Michelle Glass, Unite Oregon, stated that criminalization of homelessness is poor policy and is ineffective.

30.5Sara McGlaughlin, Central Point resident, believed there are many reasons people are homeless and that preferred tax dollars are used for social services instead of police enforcement.

30.6Savannah Pizzato, 100 Haskell Street, voiced her support of assisting the homeless.

30.7Anette Young, presented eight questions to Council pertaining to the homeless and the expense of enforcing criminal penalties against them.She also reported various statistics including that 25% of the area’s homeless are veterans.

30.8Carole Prechtel, 149 Graham Way, Talent, spoke in favor of the rights of homeless people and requested ceasing the penalization of sleeping outside.

30.9Heather Hassett, Rogue Retreat, appreciated Council’s work to help the homeless. She questioned the exclusion of people from specific areas for “vague” crimes. Councilmember Jackle clarified that the criminal offenses referenced are defined within the Municipal Code.Councilmember Bearnson remarked that the ordinance does not single out the homeless, but rather people committing crimes.

30.10Matt Prouty, 110 S. Grape Street, expressed frustration with the homeless using the restroom in his yard, leaving garbage, camping and stealing from his property.He also reported being assaulted by homeless people in Alba Park.Mr. Prouty believes the ordinance is a step in the right direction. He has spoken to many downtown business owners who are also frustrated with the homeless situation. Councilmember Stine noted the City already has an exclusion ordinance for Alba Park.

40.3COUNCILBILL2017-37AnordinancegrantingtoMobilitie,LLC,Grantee,thenon‑exclusive privilege (Franchise) touse thepublic way to locate, construct, operateand maintain facilities within the City of Medford.

50. Items removed from consent calendarCity Attorney Lori Cooper explained that Agenda Item 40.3 was being pulled from the agenda to finalize details of the franchise agreement and Agenda Item 40.5 was moved to the evening meeting to enable a hearing.

60. Ordinances and resolutions60.1 COUNCIL BILL2017-40Anordinancereplacingsection5.256oftheMedfordMunicipalCode to allow exclusion notices to be issued to individuals within a designated downtown district.

Deputy City Attorney Kevin McConnell presented the staff report, noting this ordinance was created per Council’s direction. The revision increases the existing exclusion area (previously only parks), removes the warning requirement, allows people to receive a variance to enter the exclusionary zone for specific items, such as medical issues. Councilmember Brooks listed the various social services in the proposed exclusionary zone. Mr. McConnell provided the history of the exclusion ordinance at the request of Councilmember Stine. Councilmember Stine voiced concerns regarding citing and/or excluding people for sleeping in certain areas. Police Chief Randy Sparacino and Police Corporal Tom Venables explained that prohibited camping has never been the sole reason for exclusion, generally exclusion includes criminal activity.

Council discussed the pros and cons of the ordinance stating it does not criminalize homelessness or prohibit free speech, but excludes people for crimes, including illegal camping. Councilmember Zarosinski requested the ordinance include an exemption for access to social services.

First amendment to main motion: Revise ordinance to allow access to social services within the exclusionary zone.Moved by: Michael ZarosinskiSeconded by:Clay BearnsonRoll call on first amendment: Councilmembers Bearnson, Brooks, D’Alessandro, Gordon, Jackle, Stine, Wallan, and Zarosinski voting yes.Motion carried and so ordered.

Second amendment to main motion: Amend motion to clearly state that a person cannot be excluded for illegal camping or sleeping in a park. Moved by: Kevin StineSeconded by:Kay Brooks

Mayor Wheeler clarified that prohibited camping is a citation, not exclusion. Police Sergeant Don Lane explained the details of a specific case that Councilmember Stine was questioning. Mr. Lane noted there are specific “protected” areas along the greenway, under bridges, etc. where a person would/could be cited for trespass versus illegal camping. Ms. Cooper added that those protected areas are marked with signage.

Councilmember Brooks questioned the exclusionary zone and limiting access to social services. She suggested revising the language to include a “protected class homeless” status. Mayor Wheeler noted this issue was not profiling anyone; it is about limiting criminal behavior.Mr. McConnell suggested a Council review of the exclusion ordinance violations issued to determine potential issues with profiling or misuse.

Roll call on main motion as amended: Councilmembers Bearnson, D’Alessandro, Gordon, Jackle, Wallan, and Zarosinski voting yes; Councilmembers Brooks and Stine voting no.Ordinance 2017-40 will be placed for second reading.

Mayor Wheeler requested and the Council agreed to move the balance of the agenda to the evening meeting.

Out of sequence.

90.1Proclamations issued:Tai Chi and QuGong Day – April 29, 2017

Back in sequence.

100. Adjournment to the Evening MeetingCouncil adjourned to the evening session at 2:14 p.m.

EVENING SESSION7:00 P.M.

The regular evening session of the Medford City Council was called to order at 7:00 pm. in Medford City Hall Council Chambers on the above date with the following members and staff present:

Deputy City Attorney Kevin McConnell presented the staff report and explained this ordinance is specifically for bank-owned properties and does not impact privately-owned homes. Police Sergeant Don Lane explained that vacant properties are required to be registered with Code Enforcement and that complaints are processed on a case-by-case basis.

Councilmember Bearnson stated he will not support this ordinance and specifically disagreed with a ban on outdoor cultivation. Mr. McConnell noted the main concern with outdoor cultivation is offensive odor, which could be enforced through the City’s nuisance abatement process.

City Manager Brian Sjothun and City Attorney Lori Cooper provided the staff report noting this revision creates a process to determine surplus real property and how to bring the issue to Council. Mr. Sjothun explained that properties will be categorized and brought to Council in groups.Councilmember Bearnson abstained as he did not attend the study session.

120. Public hearings120.1 Consideration of an appeal to reverse the Street Tree Permit decision for 101 N. Central Avenue.

Parks and Recreation Director Rich Rosenthal stated the City received a request to remove a tree in front of Central Art Supply, which is part of the downtown street design. Parks Arborist Adam Airoldi presented the staff report stating the tree is 12 years old. Code Sections 6.725, 10.358 and 10.780 prohibit removing a tree without replacing it; this property owner has requested replacing it with an aboveground planter.

Councilmember D’Alessandro questioned whether the tree is the reason for the water in Mr. Ebert’s basement; Mr. Airoldi responded that there are too many variables to specifically determine the tree is the reason for the basement flooding. Council and Mr. Airoldi discussed various issues with the downtown trees, water, flooding, root requirements, tree removal, etc.

Public hearing opened.

Dan Ebert, 6040 Foothill Road, Central Point, spoke regarding the issues with water in his basement at 101 North Central Avenue. He stated no water issues occurred before the tree was planted out front. Mr. Ebert noted the details of the first time water was found in his basement, the history of various water issues and his reasons he believed the tree was to blame, including water in his basement on days when it had not been raining. He stated this issue has been ongoing, he has consulted an attorney and Medford Urban Renewal Agency provided a sump pump at his request.Mr. Ebert stated that he believes how the sidewalks were created also contributes to the problem.

Motion: Continue the public hearing after Council has reviewed the streetscape standard to a date certain of September 30. Moved by: Tim JackleSeconded by: Tim D’Alessandro

Draft is complete for the streetscape standards and questioned how Council wanted to review it; Mayor Wheeler suggested a study session; City Manager Brian Sjothun noted the next available date would be June and suggested the Arts Commission could consider art in this location if the tree is removed.

Peggy Bulebar, 3575 Madrona Lane, stated there is a water problem with that property and hoped Council would help Mr. Ebert to remove the tree.

Public hearing closed.

Council discussed the proposed motion, the potential study session date and the extension date.

40.5COUNCIL BILL 2017-39 An ordinance approving a legislative amendment to the Public FacilitiesElementandtheConclusions,Goals,Policies,andImplementationStrategiesof the Medford Comprehensive Planto incorporate the 2016 Leisure Services Plan.

Principal Planning Carla Paladino presented the staff report, noting the plan was last updated in 2006.

*Councilmember Gordon returned to the dais.

Councilmember Brooks questioned the Leisure Services Plan and Public Private Partnership with Mahar Homes, bus access to parks, ADA requirements; Mr. Rosenthal noted the master plan on Prescott Park is centered on the trail development and includes a new parking lot and an ADA trail.

*Councilmember Zarosinski left and returned to the dais.

Councilmember Brooks and Mr. Rosenthal discussed improvements to existing parks including ADA upgrades, the artificial turf at USCCP. Mayor Wheeler noted the various donations and the City’s partnerships with various developers, specifically Mahar Homes.

*Councilmember D’Alessandro left and returned to the dais.

Councilmember Brooks asked whether there were plans for trails in West Medford; Mr. Sjothun clarified the funding reserved will be used for trails throughout Medford.

Planning Commission: One partial-term position with a term ending January 31, 2020. Applications received from Lance Carroll, Edward Fregoso, Roger Lemstrom, Alex Poythress and Steven Sobhi. Roll call for partial-term position: Councilmembers D’Alessandro, Gordon, Jackle, Wallan and Zarosinski voting for Alex Poythress; Councilmember Stine voting for Steven Sobhi; Councilmembers Bearnson and Brooks voting for Edward Fregoso; Mayor Wheeler abstaining.Result: Alex Poythress appointed to the Planning Commission, with a term ending January 31, 2020.

b. Councilmember Zarosinski noted a vacancy on the Joint Transportation Subcommittee and asked if there were objections to voting to fill that vacancy with one of the two applicants that were interested in serving on the subcommittee.

Joint Transportation Subcommittee: One partial-term position with a term ending January 31, 2021. Applicants Edward Fregoso and Steven Sobhi expressed interest in serving during Planning Commission interviews.Roll call for partial-term position: Councilmembers Bearnson, Brooks, D’Alessandro, Gordon, Jackle and Zarosinski voting for Edward Fregoso; Councilmembers Stine and Wallan voting for Steven Sobhi; Mayor Wheeler abstaining. Result: Edward Fregoso appointed to the Joint Transportation Subcommittee, with a term expiring January 31, 2021.80. City Manager and other staff reports80.1Quarterly Travel Medford Update by Eli Matthews(reported under 30.1)

80.2Further reports from City Manager:None.

90. Propositions and remarks from the Mayor and Councilmembers90.1 Proclamations issued:Administrative Professionals Day – April 26, 2017

90.2 Further Council committee reports: None.

90.3Further remarks from Mayor and Councilmembers: None.

130. Ordinances and resolutionsNone.

140. Council BusinessNone.

150. Further reports from the City Manager and staff150.1Mr. Sjothun noted the upcoming ribbon cutting for the Concord Apartments.

150.2Mr. Sjothun congratulated the Parks and Recreation Department for reaccreditation.

160. Propositions and remarks from the Mayor and Councilmembers160.1 Further Council committee reports: None.

160.2Further remarks from Mayor and Councilmembers:None.

170. AdjournmentThere being no further business, this Council meeting adjourned at 9:39 p.m.

The proceedings of the City Council meeting were recorded and are filed in the City Recorder’s Office. The complete agenda of this meeting is filed in the City Recorder’s Office.